Ristic v Quasar Constructions (Commercial) Pty Ltd [2022] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ristic v Quasar Constructions (Commercial) Pty Ltd [2022] NSWCATCD 86 Hearing dates: 6 May 2022 Date of orders: 20 June 2022 Decision date: 22 June 2022 Jurisdiction: Consumer and Commercial Division Before: G. Sarginson, Senior Member Decision: (1) The name of the applicant is amended from Ivan Ristic to The Owners - Strata Plan No 100469. (2) The amendment of the applicant's name takes effect from 11 December 2021, being the date the original application in Matter HB 21/50520 was filed with the Tribunal. (3) The proceedings are to be listed for directions before a Senior Member of the Tribunal at a date to be allocated by the Tribunal Registry. Catchwords: CIVIL PROCEDURE — Originating process — Amendment — Mistake in name of party — Substitution of party — Limitation period under s 18E Home Building Act 1989 for non-major defects — Date amendment takes effect Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Air Link Pty Limited v Paterson (No 2) [2003] NSWCA 251; 58 NSWLR 388 Belgravia Nominees Pty Ltd v Lowe Pty Ltd [2017] WASCA 127; 51 WAR 341 Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231 Captiv8 Pty Limited (in liquidation) v Bodger [2018] FCA 1801 Chorlton v Dickie (1879) 13 Ch D 160 Collgar Wind Farm Pty Ltd v RJE Global Pty Ltd [2021] WASC 367 Davies v Elsby Brothers Ltd [1961] 1 WLR 170; [1960] 3 All ER 672 Marlin Brands Australia Pty Ltd v Brando Aus Holdco Pty Ltd [2022] NSWCA 59 McGee v Yeomans [1977] 1 NSWLR 273 McInnes and Others v Wingecarribee Shire Council and Another (1987) 10 NSWLR 660 Mitry v Business Australia Capital Finance Pty Ltd (in liq) [2010] NSWCA 360 The Owners Strata Plan No. 73943 v 2 Elizabeth Bay Road Pty Ltd [2013] NSWSC 1769 Tomsimmat & Associates Pty Limited v G & R Investments Pty Ltd (1993) 25 IPR 545 Texts Cited: Nil Category: Procedural rulings Parties: Ivan Ristic (Applicant) Quasar Constructions (Commercial) Pty Ltd (Respondent) The Owners - Strata Plan No. 100469 (Other party for purpose of interlocutory application) Representation: Counsel: D. Kelly (Respondent)